JAKARTA - Defending yourself is like eating simalakama fruit for these two people. Instead of getting justice from the case at hand, they were even named as suspects. This was experienced by a vegetable seller who was allegedly abused by a thug, and a 74-year-old grandfather who defended himself because he was allegedly attacked by fish thieves in his pond. He is worried that if cases like this happen frequently, it is not impossible that people will be afraid to defend themselves.
The vegetable trader was named Litiwari Iman Gea. He admitted that he fainted when he received his letter of determination as a suspect on 7 October. Having been beaten in the persecution that took place a month ago, he is now facing prison terms. The reason is that the thugs who abused him reported Gea back to the police.
According to Gea, this incident occurred on 5 September. At that time, this street vendor at Gambir Tembung Market, Deli Serdang, North Sumatra was preparing to hold a sale at 7 am WIB.
Then the perpetrator BS along with three other people approached him. The four people asked for a "lapak" of Rp. 500 thousand, but Gea refused. He felt that he did not know the men, plus Gea had already paid the stall fee to a local youth.
Getting Gea's refusal, the perpetrator with the initials BS then beat him. In the video that has gone viral on social media, Gea is seen being beaten and fighting back. Gea also said her 13-year-old daughter was also a victim. "My head and my son were reported. It was scary when I remember. We couldn't stand it," said Gea to Kompas TV, October 11.
After the incident, Gea immediately reported to the Sei Percut Tuan Police. Then on September 7, BS was arrested by the authorities.
When examined, the perpetrator BS admitted that the persecution was not a matter of lapak fees. To the officers, he admitted that he only went to the market without planning.
But the story doesn't end there. BS replied to report the victim by reason of being hit by the victim's claws.
The Head of the Percut Sei Police Sei Tuan AKP Janpiter Napitupulu on September 7, 2021 said that BS's status was not a suspect because he also made a report. "Because they were punched, there were scratches. This BS kicked and hit, what did he (the victim) do (reply to) this BS. Nyakar, what did this BS hit his chest," Janpiter was quoted as saying.
Meanwhile, Gea, in her letter of suspecting, is said to have violated Article 170 of the Criminal Code concerning violence to others, subsides Article 351 paragraph 1 concerning persecution. The suspect's status to him made Gea ask for help on Facebook last October 7th. Gea's case went viral again.
Two days after Gea vented on Facebook, the Head of Public Relations of the North Sumatra Police, Kombes Hadi Wahyudi, announced that the two cases (the victim's report and the perpetrator's report) would be referred to a higher level police force. The Gea report will be handled by the Medan Polrestabes, while the BS report will be handled by the North Sumatran Police directly.
"The leadership of the North Sumatran Police has ordered the Director of Criminal Investigation and the Medan Police Chief to form a team and withdraw the handling of the case of mistreatment of the LG victim by a man with the initials BS to be investigated at the Medan Polrestabes Satreskrim," said Kombes Hadi, quoted from a written statement by the Medan Police, Sunday, October 10. .
The team was also ordered to immediately search for 2 other perpetrators with the initials DD and FR who were involved in the abuse of the vegetable seller's mother. "For this reason, we urge the two people to immediately report and appear before the Medan Police Satreskrim investigators," said Kombes Hadi.
Kasminto's grandfather caseMeanwhile, in Demak, a 74-year-old grandfather, Kasminto, was detained after defending himself from a young man suspected of stealing fish in a pond. He was arrested on suspicion of assault.
This alleged case of abuse began on September 7, 2021, residents found a young man on the side of the road with stab wounds to his left arm and right neck. Residents then took him to the nearest health center and reported the incident to the police.
Meanwhile, the alleged fishing theft case that was alleged to the young man was only reported by the land owner on behalf of Suhadak bin alm Subadi on October 11, 2021. The case is currently being seriously handled by the Demak Police Satreskrim.
"Now the theft case has been handled by the Demak Police Satreskrim. The handling of the theft case is separate, then we will carry out investigative steps so that it becomes clear what the perpetrators have done," said Demak Police Chief AKBP Budi Adhy Buono, quoted by Merdeka.
According to Kasminto's attorney from LBH Demak Raya, Hariyanto the thief was caught while taking fish in a pond guarded by Kasminto, on September 7, 2021. At that time, the perpetrator attacked Kasminto with a fish stun device. The 74-year-old grandfather also defended himself by taking a trench and slashing it at the perpetrator's neck and shoulders.
Initially, this man who lived alone intended to reprimand the thief in a kind way. However, the thief did not accept and attacked Kasminto using the fish stun device he had brought.
"Mbah has shouted thieves but no one has responded because it is also far from the residents. The victim was about to attack then Mbah Minto took a sickle and slashed the thief in the back to protect himself," said Hariyanto to Kumparan.
"After that, Ms. said to the residents, I was a thief, then I stabbed the thief, Ms. was confused. Then around 23.00 that night Ms. was also taken to the police station because of the abuse report," he added.
Hariyanto assessed that the detentions carried out by the police were excessive. Moreover, this case is ready for trial because the file has been declared P21 by the prosecutor's office.
"It's funny, it's ridiculous that someone catches a thief, protects himself from the threats made by the thief, why is he imprisoned and punished," he asserted. Haryanto hopes that law enforcement officers can see this case fairly.
"To be fair, the thief was also imprisoned for fraud, not just Mbah Minto. Moreover, he did this because he wanted to protect himself," said Haryanto.
Don't be afraid to defend yourselfCriminal Law Observer from Al Azhar University Indonesia, Suparji Ahmad, believes that law enforcement like this must be corrected. Because, this could set a bad precedent for many people.
"In my opinion, this is indeed a law enforcement that must be corrected. Considering that if that happens, people are beaten, let's just ignore the danger," said Suparji to VOI.
In addition, Suparji also said that if someone defending himself was later named a suspect, it would be against legal norms. Because everyone in this country has the right to defend and defend themselves.
"Because everyone has the right to defend and defend themselves. And legally, people defend themselves, defending themselves is not a bad intention so they cannot be punished," he said.
Suparji emphasized that it is not right to make a person who defends himself as a suspect. "Because he really didn't have any intention of persecuting him, it was just to defend himself."
According to Suparji, there needs to be a serious effort from the police to be more accurate in handling a case. And for the self-defenders who are designated as suspects, Suparji urges that his lawyers must conduct a pretrial.
"This is a good momentum for our law enforcement world and the suspect and his lawyer must take legal action, pretrial if there is no SP3. So it is immediately possible to conduct a pretrial that the determination of the suspect is not included," said Suparji.
Protected by lawMeanwhile in the Kasminto case, Legal Expert Suparji Ahmad said the police must clearly see the facts. It is true that he slashed, but the motive for the stabbing should be examined more clearly.
"The police have to look at the facts. It's true that he stabbed. But for what purpose did he slash?" said Suparji.
If the interest is in self-defense, said Suparji, it could be justified by law. "Where he has the right to defend himself in self-defense then yes it is natural."
Defending and defending oneself, according to Suparji, is guaranteed by law. "The important thing is that he doesn't have any bad intentions, right. There's no intention to mistreat him."
"I'm left that this is an interesting lesson on how the iceberg phenomenon can be uncovered. Case models like this are good if they are revealed. So then be careful in enforcing the law," concluded Suparji.
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